GENERAL TERMS AND CONDITIONS OF USE

It is important that these general terms and conditions of use be read carefully before accepting them.

The purpose of these general terms and conditions of use is to define the terms and conditions under which SAS AB CREATION, with a capital of 1,000 euros, registered with the CAEN Trade and Companies Register under number 848 306 767 and having its registered office at 14 rue Paul Delmet, 14860 Bavent, France, makes the Ozhers application and related services available to its users.

Any use of the Ozhers application and/or affiliated services is subject to compliance with these terms and conditions.

You therefore accept the provisions of this agreement, which is submitted to you and which regulates the use of the application. You also accept possible modifications through addenda, amendments, or additional texts, at our sole initiative.

Article 1 SCOPE OF APPLICATION

Therefore that these general conditions have been accepted by the user (also called the end user or the player) and that his user account has been validated by the company SAS AB CREATION, a contract will be concluded between these two parties.

The various parties to the contract are SAS AB CREATION, on the one hand, which is a company specializing in the publishing of application software, as well as the creation, development, and management of applications, and on the other hand, the user, who is the party who has a user account linked to the Ozhers application and/or its various affiliated services.

By downloading the application and checking the box above « I accept the terms and conditions of use » When registering, the user agrees to respect the terms of said contracts. Any breach of contracts by the user may result in exclusion and the closure of your account (defined in Article 3 below), or even legal action against him.

As soon as this contract comes into effect (subject to the user's acceptance of the general terms of use and validation of the user account by SAS AB CREATION), the user may use the Ozhers application. The user may terminate this contract at any time in accordance with Article 11 below.

If the user is a corporate officer, director, employee, or consultant of SAS AB CREATION, they will only be authorized to open an account or use the game directly or indirectly within the scope of their duties. In such a case, the user must also return all gifts obtained through the game.

Article 2 LEGAL CONDITIONS OF USE OF THE GAME

The user agrees to meet the legal age requirements in their country of birth as well as in the country where the games created or supported by the Ozhers application will take place.

It is the user's responsibility to ensure that their actions comply with applicable legislation. In the event of reprehensible actions, the user would be violating these general terms of use and would therefore play at their own risk.

By using the game, the user declares that they are aware of the fun and recreational nature of the application, which is in no way intended to offend the morality or culture of any individual or nation.

The user also declares that they are aware that some of their personal data may be collected by SAS AB CREATION for the purposes of the application and certifies that they have given their consent by accepting these general terms of use (For more details, see Article 8 of this document).

Article 3 PLAYER ACCOUNT

To play, the user must download the application and create an account. Creating an account is done directly on the Ozhers mobile application and not on the website www.ozhers.com.

In order to create a player account, the user will need to provide certain information:

- An email address and a username, which will be protected by a password chosen by the user. When choosing a username, the user agrees not to violate the rights of a third party by impersonating someone or infringing copyright, to name just a few examples.

- The user's first name, last name, and telephone number so that SAS AB CREATION or its partner agents can conduct verifications and enhance the game's reliability and security.

- Some of the user's preferences via a questionnaire.

- Photos of the user (face, front view in wide shot) that will be used during the game offered by the application (also for facial recognition).

The user's date of birth allows Ozhers app moderators to verify that the user is of legal age according to French standards.

It is the user's responsibility to ensure that the information provided is accurate, up-to-date, and not inaccurate.

The company reserves the right to verify all information provided by the user. The company may also request new supporting documents from the user or additional documents.

The user must only have one account; otherwise, all of their accounts may be closed. If they lose their username and/or password and fail to log in using facial recognition, they will not have to create a new account. In such a case, they can simply contact the company through the company's official social media accounts.

The user may modify their personal information. If the user's marital status changes, the company may contact them to take the changes into account. If their personal information is falsified, the user risks having their player account suspended and/or closed.

In the event of a change in appearance following surgery or an accident, the user must contact the company to make the necessary changes to the data held by the company. Decisions made by the company following this change may be contested through one of our departments but cannot be appealed outside the company.

It is essential that the user's username and password are known only to the user. All logins to a player account will be considered to have been made by the user himself. The user is therefore responsible for the use and logins made to his player account.

Without prejudice to other rights, if a user fails to comply, even partially, with any of the provisions of this article, the company may take any action it deems appropriate.

Article 4 FINANCIAL TRANSACTION

Fees charged to partners are paid by bank transfer or SEPA direct debit (monthly without obligation).

Unless otherwise stated on the website www.ozhers.com or in the app, fees charged by our company are non-refundable.

According to the legislation in force in the territory concerned, VAT may be applied to the above fees.

The company cannot be held responsible for losses incurred due to exchange rates.

AArticle 5 INTELLECTUAL PROPERTY

The game rules, software, application, specific terms such as OZHERS, photographs, images, animations, graphics, audio content, and texts (including this agreement) are protected by copyright and/or other intellectual property rights. All these rights are the property of SAS AB CREATION or one of its partners; none of these rights are transferred to the user.

Each user is granted a personal, non-transferable right to install and use the application and its software in order to play the OZHERS game. The company and/or its partners remain the sole owners of all rights to the software, its structure, organization, and code, which are protected by various rights, including intellectual property rights and copyright. The user may not, under any circumstances, reverse engineer, copy, distribute, sell, rent, disassemble, modify, or translate the software, nor access the source code.

If the user is informed of a prohibited (or illegal) use of the application or software, they agree to notify the company as soon as possible. The company reserves the right to contact the user in the event of an investigation into one of the prohibited uses mentioned in the previous paragraph.

The user agrees to respect the rights, including intellectual property rights, held by the company and its partners and will ensure not to harm or violate these rights.

Without prejudice to other rights, if a user fails to comply, even partially, with any of the provisions of this article, the company may take any action it deems appropriate.

Article 6 USE OF SERVICES

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The user will ensure that the application and the game are used in accordance with the rules of the game. These rules can be viewed on the website www.ozhers.com (« rules of the game », « how to play » as well as any other document that may refer to it on our website).

Failing this, the company may take any action it deems appropriate.

The company ensures that no software other than that provided by the application is used in the game, whether artificial intelligence, fraud software, or pirated programs.

The user hereby authorizes the company to carry out all control measures to achieve this objective, in particular, by consulting the list of programs currently running on a player's device. The user agrees not to resort to this type of manipulation.

The user is granted the right to download and use the application free of charge, limited to personal use. It is strictly prohibited to translate, modify, adapt, decode, decompile, disassemble, or otherwise attempt to discover the source code of the application.

In the event of a change of territory, the user agrees to verify that the application is compatible with the legislation in force.

The user accepts that the application uses random number generator («RNG») software to run the Game (in particular for the purpose of assigning players within of a game; determine the choice of the Joker and its location...)

If there is a discrepancy between the information written on a user's device, that of another player, or that of the company's server, the information appearing on the company's server shall prevail.

The user agrees that their location will be continuously recorded while using the application. If the application is in the background or closed, the application will use their last recorded location. This data is necessary for the proper functioning of the game. Proof may be requested in cases where the user logs out of the application and then logs back in within a very short period of time and the distance traveled during this time seems suspicious.

As part of the management and development of the application, the company reserves the right, without obligation to notify the user, to suspend, modify, delete, and/or add services, with immediate effect, and without the company's liability. can be engaged.

The player agrees to ensure fair play. Any attempt at cheating, fraud, or non-compliance with the rules of the game may result in account closure and any other measures the company deems appropriate.

The opening, maintenance, and closure of a user account is the exclusive responsibility of the company and is not subject to appeal.

Regarding the use of chat rooms, the player agrees to use them in accordance with the provisions of Article 7, Third-Party Content.

Article 7 FRAUDULENT ACTIVITIES

The company will take all necessary measures to preserve the enjoyment users have when playing the Ozhers app and will ensure that no other player receives assistance or an unfair advantage.

No tolerance will be given to any reprehensible behavior or fraudulent, dishonest, or inappropriate activity. If a user is guilty of cheating (for example, using software to help locate another player, hacking the game, rigging geolocation, falsifying the result of a control procedure, interfering with the normal course of the game, etc.), attempting to defraud the Company or another user, or using the application for illegal purposes, the Company reserves the right to suspend and/or close that user's account.

In the event of fraudulent activity, the Company also reserves the right to disclose this information and the identity of the fraudulent user to the relevant authorities, as well as the possibility of taking any legal action, including criminal action, against the user.

For reasons related to the protection of personal data, security, and the fight against fraud, the company prohibits the use of the means of communication included in the game to offer or promote offers, products or services without the prior agreement of the company SAS AB CREATIONS.

Article 8 THIRD-PARTY CONTENT

It is strictly forbidden to make abusive, insulting, obscene, racist, defamatory, pornographic, threatening, violent, or slanderous comments on discussion forums or any other space for expression that the company makes available to users. Any use for the purposes of propaganda or advocacy of terrorism, or incitement to hatred or racism will be punished by account closure, disclosure of messages, and the identity of the authors to the appropriate authorities.

It is also forbidden to make false, malicious, and/or prejudicial comments about the company or any of its partners, on any medium whatsoever.

The company may reject or delete any text, file, image, photo, video, audio content, or other material posted online through use on our platforms that violates either the law or the provisions of this agreement.

In the event of harassment, all users may inform the company, which will notify the perpetrator and ask them to cease their behavior. If the person persists, they may be subject to legal action.

The user is solely responsible for everything they post in the communication spaces.

Any violation of this clause may result in the removal of third-party content, a temporary or permanent ban on using the game, and/or any other measure the company may reasonably deem necessary to enforce this article.

The company reserves the right to cite a user's pseudonym and any comments made by them on discussion platforms open to all players or in any other context related to our company.

Article 9 PERSONAL DATA

The user consents to their personal data being shared with other users to the extent necessary for the proper functioning of the game, as well as to agents organizing Ozhers games or to third parties to carry out security or compliance checks, as well as as part of a research and development process aimed at improving our services, always in compliance with applicable laws and regulations.

The personal data concerned by this collection and processing are:

  • Last name, first name, date of birth, telephone number, email address.
  • User preferences from the Ozhers application questionnaires.
  • Photos sent by the user.
  • Your location.

Some of this data will be shared with certain third parties such as:

  • Sales agents mandated by the company to create Ozhers sections.
  • Service providers.

The company's agents or principals, as well as any third parties, will only use and store your personal data for the purposes previously set by the company.

Geolocation will only be used for the smooth running of the game (when using some of wildcards or when a player attempts to eliminate their target).

By accepting these general terms of use, the user consents to the processing, collection, and use of the personal data mentioned in this clause. The user also consents to this data being retained for up to three years after the closure of their account. By accepting these general terms of use, the user agrees not to exercise a right of objection but a right to be forgotten (withdrawal of consent given) in the event that they wish to withdraw their consent.

The company may be required to disclose the user's personal information in accordance with legal obligations or when the user has caused serious harm to the company requiring legal action.

All exchanges between the user and the company may be recorded, whether emails, text messages, phone calls, or even the use of social media, in accordance with applicable regulations on the protection of personal data.

The user may contact the company to view or modify any information relating to their personal data or their right to be forgotten. As such, the company undertakes to provide answers to users' questions.

For information purposes, for any information on rights and compliance regarding the protection of personal data, the French National Commission for Information Technology and Civil Liberties (CNIL) is the competent authority.

Article 10 LIABILITY AND WARRANTIES

The user uses the application provided at their own discretion and at their own risk. SAS AB CREATIONS cannot be held responsible for use for purposes other than those intended by the company.

The company cannot be held responsible for any failure to fulfill its obligations if this failure occurs as a result of a fault on the part of the user, an illegal act committed by a third party, or an event of force majeure. major.

The company is not responsible for the quality of the telephone operator's network coverage or the consequences of outages or connection faults.

The company will ensure the proper functioning of the application and the smooth running of the games but cannot be held responsible in the event of inaccessibility to the games in the event of force majeure or an event beyond the publisher's control, and subject to any breakdowns and maintenance work necessary for the proper functioning of the site and services. Consequently, the company cannot guarantee the availability of the site and/or services, the reliability of transmissions, or performance in terms of response time or quality.

The company also undertakes to ensure that incivility is as absent as possible during the games. As such, the company may delete and permanently exclude from the application users guilty of incivility or who do not comply with these general conditions of use. However, the company cannot be held responsible for the behavior of others or users of its application.

Users will therefore be provided with a means of contacting the company to report any reprehensible behavior by other users.

To ensure the security and integrity of the system, the company may at any time conduct security checks to verify that the information provided by the user is accurate, that the user is indeed the user of their player account, and that the user is not violating the rules of the game or their commitments to the company.

The user also consents to the company's agents, or even third parties, conducting investigations and using the information provided. To facilitate these checks, the user agrees to provide maximum cooperation.

Article 11 ERRORS AND ANOMALIES

In the event of an error being detected on the user's account, the user agrees to report this error as soon as possible.

The same applies to any anomalies in the The company will therefore endeavor to correct the error and to place all persons affected by the situation in the conditions they could legitimately have expected, failing which in the situation in which they found themselves before the occurrence of the anomaly.

If it turns out that an error has been used to gain an unfair advantage, the account may be closed and any other measures deemed necessary may be taken.

The player agrees not to attempt to exploit any error, virus, defect, or inconsistency (bug) detected in the software, to their own advantage or to the detriment of other players. Furthermore, the player agrees to report such a bug to customer service immediately upon discovery.

Article 12 TERMINATION OF THE CONTRACT

In the event of a serious breach of the contract by the user, or in the event of the use of fraudulent, prohibited, or even illicit means, the company reserves the right to terminate the contract, close the user account, and take any other measures deemed necessary.

The company may also terminate the contract on its own initiative, by informing the user of the decision by sending an e-mail to the address indicated by the latter, respecting one month's notice.

The user has the right to close their account at any time and terminate the contract by notifying the company by mail or by contacting it on the website www.ozhers.com.

The provisions relating to intellectual property rights, fraudulent activities, personal data, liability and warranties, and the contractual regime will remain in effect after termination of the contract.

Article 13 CONTRACTUAL REGIME

This contract is governed by French law. Each party irrevocably acknowledges that the French courts will have exclusive jurisdiction to hear any disputes or disagreements relating to the contract, its performance, or arising therefrom. If any of the provisions of the contract are found to be void, illegal, or unenforceable in any way, this will not affect the validity of the remainder of the contract; only the part affected by illegality, nullity, or unenforceability will be discarded.

This contract may be modified in whole or in part by an amendment that may only be issued by the company. In this case, the new contract will replace the old one within 7 days; the user's continued use of the application will be considered acceptance of the amendment.

The possibility of assigning the contract is not bilateral; only the company may assign, transfer, or pledge the contract in its entirety or only in part, or even grant sublicenses concerning it, without the need to obtain the user's consent.